Consent of the Family not essential in Marriage

Marriage is a social relationship between two consenting adult individuals. Many people think that the consent and presence of the family members or the people of their community need to be required in marriage.

The Supreme Court (SC), however, says if two consenting adult individuals agree to enter into a marriage, the consent of the family or the community or the clan is not necessary. The concern of the individuals has to be given primacy.

The SC states that right to marry a person of choice was held to be integral Article 21 of the Constitution of India. The autonomy of an individual in regard to marriage was held to be integral to the dignity of the individual in many judgements of the apex court.

Reference

Laxmibai Chandaragi v State of Karnataka [WP(Crl) No 359 of 2020]